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HomeMy WebLinkAbout1998-03-31 CC Packet Special Meeting . . . SPECIAL MEETING NOTICE CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-8 CIty Hall, 216 North Fourth Street Conference Room 213 March 31, 1998 4 30 P.M CALL TO ORDER ROLL CALL 1 RevIew and approval of Development Agreements for AnnexatIon Area Trunk UtilIties 2 Sports Complex Management Services ADJOURNMENT . . MAGNUSON LAW FIRM LICENSED IN MINNESOfA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NolUH MAIN STREET. SUITE #202. PO Box 438. STILLWATER, MN 55082 TELEPHONE (612) 439-9464 . TELECOPIER (612) 439-5641 DAVID T. MAGNUSON MEMORANDUM RICHARD D. ALLEN TO Mayor, City Councll and Staff DaVId T Magnuson, Stillwater CIty Attorney ~ V March 27, 1998 FROM. DATE SUBJECT Development Agreement for Annexation Area Trunk Utlhtles In December the City Councll had the opportunity to reVIew and approve the general form of Development Agreement proposed for the construction of the trunk. utihties to serve the first phase of development m the annexation area. We enclose, for City Council review and approval, the final Development Agreement that has been proVIsionally Signed by the developers on Tuesday, March 23, 1998 The only issue that is outstanding and that mIght need a deCISion by the City Council is the matter of the extent of soft costs that the developers have incurred that should be considered part of the expenses of constructIng the trunk. utilities The Development Agreement was finalized and ExhibIt II A" as prepared by Klayton Eckles and approved by Diane Deblon was included. The developers believe that the soft costs in the exhibit have been understated. In particular, the approved exlnbit shows financmg costs at $242,000 00. The developers have prepared amortization schedules showing the debt service on the $1.5 mllhon construction loan and also a note for the engineering fees and these amortized interest expenses should be $336,896 00 The developers would also like to include a general proviSion that any other assOCIated financmg costs such as loan discount fees and also the \attorneys' fees associated WIth the Development Agreement review be mcluded in these costs Hopefully, staff WIll have an opportunity to meet on Monday and have a recommendation for the City Councll that includes the concurrence of the developers. In all other respects, however, the document appears m proper form for execution by the City Council. DTM/ds . Enclosure March 24, 1998 . DEVELOPMENT CONTRACT BETWEEN THE CITY OF STILLWATER, WASIDNGTON COUNTY, MINNESOTA AND THE PEMTOM LAND COMPANY, a Minnesota Corporation AND CONTRACTOR PROPERTY DEVELOPERS COMPANY FOR INSTALLATION OF TRUNK SEWER AND WATER FACILITIES . Tlus agreement was drafted by DaVId T Magnuson, #66400 Magnuson Law F IIIIl 333 North MalO Street SUIte 202 PO Box438 StIllwater, MN 55082 612/439-9464 . . ~VELOPMENTCONTRACT Tms AGREEMENT, made dus day of ,1998, between the CIty of Stillwater, a politIcal subchVlslon of the State ofMmnesota, ("City"), and the Pemtom Land Company, a Minnesota corporatIon, 7597 Anagram Drive, Eden Praine, Mmnesota 55344 ("Legends"), Contractor Property Developers Company, a Minnesota corporatIon, 9110 - 83rd Avenue North, Brooklyn Park, Mmnesota 55445 (CPDC), collectIvely, (the "Developers"), WITNESSETH THAT, the partIes hereto reCIte and agree as follows Section 1 ~ Recital~.s 1.01. The Project. On August 16, 1996, the City entered into an Agreement (Orderly AnnexatIon Agreement) with the Town of StIllwater, Washington County, Mmnesota for the Orderly AnnexatIon of portIons of the Town of StIllwater to the CIty. Pursuant to the Orderly AnnexatIon Agreement and on October 4, 1996, Phase I of the property described m the Orderly AnnexatIon Area mcluding property owned by the Developers became part of the CIty The CIty has conducted planmng, engmeenng and enVIronmental studtes WIthIn the Orderly Annexation Area preparatory to and m antIcIpation of the extensIon of mumcIpal utilitIes mto the Orderly Annexation Area and to property owned by the Developers. . 1.02. Public Im!>>rovementli. The City has requested that the Developers construct the trunk water and sewer Improvements necessary to serve the Phase I Area ("Pubhc Improvements") A descriptIon of the public unprovements and estunates of costs IS attached as Exhtbit "A" The CIty IS willmg to allow the Developers to construct and install the Public Improvements, only If the conditions set forth m dus Agreement are satIsfied. 1.03. Public Imnrovements: Plans. Snecifications. The CIty agrees to authorIze - - Klayton Eckles, P E., the CIty Engmeer, to revIew and approve the plans and specIficatIons prepared by the Developers for the Pubhc Improvements The specIficatIons must be both to City standards and the rules and regulations of the Board of Water CommIssIoners. Approval by the CIty Engineer of the plans and specifications for the Public Improvements is a condItion of thIs Agreement AddItional supplemental work conslstmg of the water main loop from the Pemtom property along 620d Street to County Road 5 will be separately designed and constructed by the Developers The City reserves the nght to requIre thiS work be completed as part of the Improvements that WIll be bUllt to serve the plats of each Developer or at an earher date, If needed, to provIde water pressure to property served by other PublIc Improvements. 1.04. Public Im!lrovements. Warranty. Developers agree that the work WIll be done In a workmanhke manner; that all matenals and labor WIll be In stnct conformIty to the specifications and any requirements set forth by the City All work done pursuant to thiS . contract IS subject to the InSpectIon and approval of the CIty Engineer, who shall have the . authonty to suspend or stop work on the project If any COndItIon oftlus contract IS breached or any law or administratIve rule IS vIolated If any matenal or labor that IS supplIed IS rejected by the CIty Engineer as defectIve or unsuItable, then the rejected matenals must be removed and replaced with approved matenal, and the rejected labor shall be done anew to the satIsfactIon and approval of the CIty Engineer at the sole cost and expense of the Developers ThIs warranty WIll extend for one year beyond the final acceptance of the PublIc Improvements by the CIty ,Section 2.. Develo!lers'Re!lresentations.. The Developers represent to the CIty that as of the date of tlus Agreement, the statements set forth In tlus sectIon are true 2.01. No Disability. The Developers know of no legal dIsabIlIty that would prevent them from carrying out thIS Agreement 2.02. ~ecution No Violatioll. The executIon, delIvery and performance of tIns Agreement do not and WIll not result In any breach of, or constItute a default under, any Indenture, mortgage, contract, agreement or Instrument to whIch the Developers are a party 2.03. Litigation. There are no pendmg or, to the knowledge of the Developers, threatened actIons or proceechngs before any court or admimstratIve agency whIch WIll . matenally adversely affect the finanCIal COndItIOn, bUSiness or operation of the Developers or the abIlIty of the Developers to perform theIr oblIgatIons under tIns Agreement. 2.04. Compliance. The Developers WIll comply WIth and promptly perform all of ItS oblIgatIons under tlus Agreement and all related documents and mstruments (a) Allowable AssiiJllllent Subsequent to the executIon oftlns Agreement, It IS expected that Pemtom WIll asSIgn Its Interest In tlus contract to a lImIted partnershIp WIth Pemtom as ItS General Partner ThIs Agreement WIll operate as a consent to the assignment and a release of Pemtom from Its oblIgatIon under thIS Agreement except the oblIgatIon that It Will retain as a General Partner In the new lImIted partnershIp Section 3. Public Im!lrovement Schedul~. The Developers agree to commence work on the PublIc Improvements on or before March 25, 1998, and WIll have all work done and the PublIc Improvements fully completed to the satIsfactIon and approval of the CIty on or before the dates set forth In thIS SectIon 2 . . (a) ConstructIon. Construction of the Public Improvements by the Developers must begIn by March 25, 1998, and the folloWIng Schedule must be met Phase I Element 1 Water servIce to school 2 Sewer service to school 3 OperatIonal lift station 4 Neal A venue and Boutwell restoratIon 5 Access traIl SllPplemental Work 1 Looped water system to Co Rd. 5 2 Project completed CompletIo~ July 10, 1998 August 1, 1998 July 17, 1998 4 weeks after first dIsturbance August 31, 1998 July 15, 1999 July 31, 1999 In the event, In the opimon of the CIty EngIneer, Developers fall to complete any element of the Public Improvements by the CompletIon Date assigned In ~3(a), the City, at Its optIon, WIll have the nght to draw upon any Secunty provIded pursuant to ~4 of tlns Agreement for the costs associated WIth the completIon of construction of the PublIc Improvements necessary for provIdmg sewer and water servIces to the Rutherford Elementary School by August I st of 1998 Upon satIsfactory completion of tlus work and payment therefor from the Secunty prOVided pursuant to ~4, the CIty wIll have the nght to termInate tlus Agreement and abandon further work on the PublIc Improvements and release the Developers' Secunty. . (b) ,Storm Water Inwrov~ment. The CIty wIll schedule and complete the deSIgn and constructIon of the storm water nutIgatIon Improvements requIred by the AUAR Tbts WIll be done In a tImely manner so as not to delay or Impede the development of each of the Developers The CIty WIll not deny Developers necessary permIts by reason of a faIlure to complete the storm water Improvements In a tImely manner 3.01. Selection and Co~trol 9f C~ntractors. The CIty, Westwood ProfessIonal ServIces,Inc and the Developers must reVIew and JOIntly approve all bIds for the Pubhc Improvements and the selectIon of any contractors who w1l1 work on the PublIc Improvements 3.02. Contracts for Work. Any contract awarded by the Developers for work on the Pubhc Improvements must contaIn the followmg prOVISIon . .., .J ",FaIlure to Perform The Developers (Owners) may by wntten notIce to the contractor unmechately terminate theIr contract m any of the folloWIng cIrcumstances . I Fwlure to make satIsfactory progress toward completion of thIS contract and contractor has been gIven three (3) notIces by Owner and has fwled m each case to correct a delay WIthm seventy-two (72) hours of notIce 2. Fwlure to meet specIficatIons or correct deficIencIes and the contractor has been gIven three (3) notices by Owner and has fwled m each case to meet speCIficatIons or correct deficIenCIes Wltlun seventy-two (72) hours of notIce" 3.03. ,Dedication of Work. Each element of the Pubhc Improvements WIll become as a matter oflaw, dechcated to the pubhc upon acceptance of the completed work by the CIty Engmeer and the Developers Wlll be deemed to have no nght, tItle or mterest m or upon any element of the dedIcated PublIc Improvements 3.04. Credit. (a.) EstImated C()~t The estunated cost of the Pubhc Improvements IS 1,918,920 00 The fmal actual costs of tlus work, for the purposes of thIS credIt . WIll be determmed by audIt done by the CIty Treasurer upon completIon of the work (Actual Cost) Further, after confemng Wlth the Developers, the actual cost WIll be allocated by the City Treasurer between Trunk Sewer Benefit (S) and Water Mwn Benefit (W), and calculated accordmg tot he methodology m attached ExhIbIt "A" (b) Benefit The Phase I Net Development Area, as determmed by the CIty Engmeer excludes dehneated wetlands. slopes greater than twenty-five percent (25%) and most developed parcels offive (5) acres or less Further, areas Wltlun Phase I area do not all benefit from water mwn and sewer trunk The Developer's CredIt wIll be gIven based upon the folloWlng schedule of net developable acreage The benefit wIll be determmed by dIvIdmg the actual cost of the water mwn by the net developable benefitted area and the trunk sanItary sewer by the net developable benefitted area (Area Benefit) 4 . . Owner CPDC 834 Pemtom Gadient Bergman Neal Meadows Anderson White Bradshaw Gross Acrea~e 171 70 16.11 74.11 32.58 101 40 1988 2587 7.20 2900 Net Acrea~e 144 99 1540 7072 3156 97.09 1930 15.65 360 17.53 Total 41584 Total Net Acreage - Sanitary Sewer. 37906 Total Net Acreage - Water Main. 39654 Benefit S, W S, W S, W S, W S, W S W W W (c.) ~. The credIt, called the Developers' CredIt WIll be detennmed on a per acre basis by first dIVIding the actual costs mcurred by a developer as certIfied by the City Treasurer, by the net developable acreage of that Developer accordmg to the methodology on attached Exlubit "A" Tbts WIll be called the Developers' Actual Cost per acre. The Developers' Area Benefit per acre WIll then be subtracted from the Developers' Actual Cost per acre The dIfference WIll be called the Developers' Credit . (d.) Storm Water Benefit. The City IS obhgated to undertake Storm Water Trunk Improvements set forth m the Feaslblhty Study for the StIllwater AUAR prepared by Bonestroo, Anderlik and AssocIates approved by the CIty Council on December 16, 1997, in order to make the property of the Developers and other property avatlable for development The cost of the Storm Water Trunk Improvements as computed, by the CIty Engmeer, with a reserve for contIngency IS, for purposes oftbts Agreement, $3,500 00 per acre Tbts amount IS called the Storm Water Benefit and is to the following property Owner CPDC 834 Pemtom GadIent Bergmann Neal Meadows Future Phases - net developable . Gross Acrea~e 171.70 1611 7477 3258 101 40 1988 Total Net Developable 5 Net Acrea~e 144 99 1540 7072 31 56 9709 1930 484 00 863 06 (e) Credit Apnhcatlon, The Developers WIll be gIven a credit In the amount of . the Developer's CredIt agaInst theIr per acre share of Storm Water Benefit If the Storm Water Benefit exceeds the Developers' CredIt, the Developers WIll pay over tlus amount to the City WIthtn t:h1n) (30) days of a request by the CIty for the funds The City WIll not request payment earlIer than forty-five (45) days before the City reasonably anticipates incumng an oblIgatIOn for area WIde storm sewer work If the Developers' CredIt exceeds the Storm Water Benefit per acre, the City WIll pay tlus amount to the Developers WIthIn tlurty (30) days after a certification of final costs by the CIty Treasurer. but In the event final costs are not determIned, not later than December 31, 200 I (f) Further, If a Developer completes any area WIde storm sewer unprovements as part of the Public Improvements, prOVIded the work IS approved In advance by the CIty EngIneer, the cost oftlus work, as certified by the City Treasurer, WIll reduce the Developers' Storm Water Benefit by that amount (g) If more than one (1) Developer IS Jomtly or severally responsIble for any Item of work done on the PublIc Improvements, a contract In wntIng between them settIng forth theIr agreement for allocation of credIts or benefits under tlus contract must be submitted to the City pnor to payment by the City of a Developer's credIt. TIns reqwrement IS a COndItIon of tlus Agreement . Section 4. Security. 4.01. Consultant Fees and Char~. The De\-elopers WIll pay to the CIty as reimbursement for consultant fees Incurred by the City In behalf of or at the request of the Developers, IncludIng the costs of engmeenng. legal and testIng services, and reasonable admInIstrative expenses associated WIth the reVIew of the plans and speCIfications and InSpectIon and supervIsIon of constructIOn and reInspectIon for one (1) year beyond the acceptance of the completed work. In no e\tent WIll the City have the nght to collect any fees or charges that exceed four percent (4%) of actual constructIon costs unless Developer falls to prOVide full time InSpectIon of the work durIng constructIon Actual constructIon costs as used In thiS SectIon ~IlI not Include soft costs such as legal, surveYIng, engIneenng, InSpectIOn and finanCIng Amounts due the City under thIS sectIon WIll be paid on a quarterly basiS 4.02. Public Im!lrovement Costs Securi~. Pnor to begInnIng work on the PublIc Improvements, Developers wIll furnISh to the City, an executed Secunty and Disbursement Agreement, In the form attached as ExhibIt "B" oblIgatIng the Lender as defined In ExhIbIt "B" to make avaIlable and to dIsburse funds to the Developers' Contractor (Contractor as defined In ExhIbit "B") only In accordance WIth the contract 6 . . between the Developer and the Contractor, as prevIOusly approved In wntIng by the CIty, m accordance WIth thIs agreement, and In accordance with the Secunty and Disbursement Agreement descnbed In Exhibit "B" Section 5. .Develo!,ers' Obligations. 5.01. Easements. The Developers must furmsh to the City upon request and WIthout charge, all permanent easements over property owned or controlled by eIther of them as desIgnated In the plans and spectficatIons, and deeds to property deemed necessary by the CIty for the locatIon, construction, mstallatlon and operatIon of the PublIc Improvements, In form and content satIsfactory to the City In the event of a default by the Developers, thIs paragraph WIll survIve and be deemed In all ways to be a consent to enter and a Waiver of trespass WIth respect to any land over winch a Developer has an Interest upon WhICh the CIty must enter to complete the Public Improvements 5.02. w!,ection bv Develo!l~. Developers must proVIde a full-ttme qualIfied Inspector approved by the City EngIneer who must be aVailable on-sIte dunng all phases of the PublIc Improvement work. The Inspector must proVIde the City Engineer WIth dally inspectIon reports, testIng results and copIes of correspondence between the Developers and theIr contractors . 5.03. Engineering Data The Developers, through theIr Engineer, must proVIde all staking, surveymg and other Information required by the City Engineer, to asSIst the City Engmeer In Ins dutIes in order to insure that the complete Improvements conform to the approved plans and specificatIons Fmal acceptance of the work may be WIthheld by the City untIl thIs informatIon and data IS delIvered to the City Engineer 5.04. Erosion Control Measures Durin~,struction. Developers agree that they WIll construct erosion control deVices In conformance Wlth the approved Construction Plans for the Pubhc Improvements. TIns plan must protect any adjacent ponds and wetlands from erOSIOn, pollution and slltatlon dunng the constructIon of the Public Improvements and must be approved by the City Engmeer or hiS authonzed agent 5.05. City Regulation~. Developers acknowledge that the property IS regulated by the City and that a default under City ordInances or condItIon of approval of any permit IS a default as defined In thiS agreement, Including (a) Ifreqwred by the CIty EngIneer, the Developers must prepare a Wetland MitigatIOn Plan (b) If reqwred by the City Engineer, the Developers must prepare a gradIng and erOSIOn control plan . 7 (c) If requIred by law, a natIonal pollutIon discharge ehmmatIon system general storm water permIt for constructton acttVIty must be obtamed from the MPCA before gradmg begms . (d) Upon completIon of the work, the Developers must prOVIde the City With Mylar Plan Sheets, constructIon draWIng records and Auto CADD computer files shOWing the sewer and water service stub mverts and water stop boxes The plans must show the locatIons, elevatIons, length, sizes and makes of all sanitary sewers and water maInS as measured m the field dunng or after constructIon. (e) Comphance With any mltlgatlOn measures required by the AUAR MltIgatlOn Plan. 5.06. Damage to City and County FaciJitie~. The Developers Will be responsIble for any damage caused to any City faclhtIes or Improvements mcludmg roads, storm water systems, sewer and water facIlItIes whether done by the Developers, theIr contractors, agents or employees and for any repaIr or clean up costs or expenses mcurred by the City or County m takIng remedIal actIon The City IS empowered to draw upon the Secunty descnbed m ~4 02 for the costs assOCiated With remedial actIon under this section If they have been given a wntten notIce by the CIty EngIneer to take remedIal actIon and they have failed to complete the reqwred work withIn thirty (30) days 5.07. City to PrOVIde Easement~. The City must prOVide to the Developers and their . contractors, In a tImely manner, any easements or nghts of entry needed by Developers for work that must be done on property not owned or controlled by Developers Any delays caused by the faIlure of the City to proVide access Will not subject the CIty to hablhty of any nature however, the Developers Will be granted an extensIon of any completIon clate set forth In thiS Agreement equal to the number of clays that work was delayed because of the lack of access The Developers Will pay to the City amounts necessary for land acqulSltIon WithIn thirty (30) days of receivIng an InVOice from the City, certified as necessary by the City EngIneer Amounts paId to the City by thIs sectIon Will be conSIdered part of the acquIsltlOn costs of the Pubhc Improvements for purposes of the credIt prOVIded to the Developers by ~3 04 of thiS Agreement Further, the City has reqUIred CPDC to construct a maintenance garage near the LIft Station on part of the Liberty development It IS agreed that the VIew Impact to adjacent property IS $40,000 00 and that a credit for thiS amount Will be allowed to CPDC In additIon to the credIt that CPDC IS allowed under ~3 04 In return, CPDC grants to the CIty, by thiS Agreement, a full, final and complete release of any claIms that property adjacent to the LIft StatIon or MaIntenance Shed IS devalued by the adjacent City use 5.08. .PermIts. The Developers are responSible to obtam, before work begms, any permIts or governmental approvals reqUIred by any law, ordmance or governmental rule 8 . . Section 6. lP.surance. 6.01. Insurance. Developers and theIr contractors must provide and maIntaIn or cause to be maintaIned at all times dunng the process of constructIng the Public Improvements and, from tlme to tune at the request of the City, furnish the City with proof of payment of premiums on. (a) Comprehensive general liabilIty InSurance (includIng opera-ttons, contingent habIlIty, operations of subcontractors, completed operatIons and contractual habillty insurance) together WIth an Owner's Contractor's pohcy WIth lumts against bodily Injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-reqwred limits, an umbrella excess habIllty polIcy may be used), and shall be endorsed to show the City as an additional Insured to the extent of its interest. (b) Comprehensive general pubhc habillty insurance, Including personal injury hablllty for mjunes to persons and/or property, IncludIng any InJunes resultIng from the operatIon of automobIles or other motonzed vehIcles involved m work on the Pubhc Improvements, In the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additIonal insured to the extent of Its Interest. . (c) Workers' Compensatlon Insurance respectIng all employees in amounts not less than the nummum required by statute Section 7. Indemnification. 7.01. Jndemnification. Developers agree to defend and hold the City, and its OffiCialS, employees and agents, harmless agaInst any and all clauns, demands, lawswts, Judgments, damages, penalties, costs and expenses, IncludIng reasonable attorney's fees, ansmg out of actlons or omISSIons by Developers, their employees and agents, In connectIOn WIth the Public Improvements. 7.02. Enforcement bv City: Dama~. The Developers acknowledge the nght of the CIty to enforce the terms of thIs Agreement agamst the Developers, by action for specIfic performance or damages, or both, or by any other legally authonzed means The Developers also acknowledge that their faIlure to perform any or all of its obhgatIons under thiS Agreement may result In substantIal damages to the City, that In the event of default by the Developers, the City may commence legal actlon to recover all damages, losses and expenses sustaIned by the City, and that the expenses may Include, but are not hmlted to, the reasonable fees of legal counsel employed WIth respect to the enforcement of thiS Agreement . 9 Section 8. Events of Det"aYlL . 8.01. Events of Default I)efined,. The followmg wIll be "Events of Default" under thIS Agreement and the term "Event of Default" wIll means, whenever it IS used In thts Agreement, anyone or more of the following events (a) Failure by Developers to commence and complete constructIon of the Pubhc Improvements pursuant to the terms, CondItIons and hmItations of thts Agreement. (b) Failure by Developers to observe or perform any covenant, condItIon, obhgatIon or agreement on Its part to be observed or performed under thts Agreement. (c) In each event, Developers WIll be afforded ten (10) days after receIpt ofwntten notIce to cure the violatIon and avoid a default 8.02. Remedies on Defaul~. Whenever any Event of Default occurs, the CIty may take anyone or more of the following actIons (a) Suspend work on the project and Its performance under the Agreement untIl It receIves assurances from Developers. deemed adequate by the City, that Developers wtll cure Its default and contInue Its performance under the Agreement. . (b) Take action, Including legal or admmistratIye actIon, as IS necessary for the CIty to secure performance of any prOVISIon of thts Agreement or recover any amounts due under thIS Agreement from Developers or from the Secunty descnbed m ~4 02 (c) Undertake to complete the pubhc improvements Itself, through Its agents or through Independent contractors and before the undertalang, draw upon the Secunty descnbed In ~4 02 Section 9. Administrative Provisions., 9.01. Notices. All NotIces, certIficates or other communicatIons requIred to be gIven to the CIty and the Developers must be suffiCIently gIven and WIll be deemed gIVen when dehvered, or when deposIted in the Umted States mail In regIstered form WIth postage fully prepaId and addressed, as follows ' 10 . . If to the City. NIle Kriesel, Coordinator City of StIllwater 216 N 4th Street Stillwater, MN 55082 If to Developers The Pemtom Land Company 7597 Anagram Dnve Eden Prame, MN 55344 612/937-0716 Contractor Property Developers Company 9110 - 83rd Avenue North Brooklyn Park, MN 55445 The City and the Developers by notice given to the other, may designate chfferent addresses to which subsequent notIces, certIficates or other commumcatIons WIll be sent Section 10... Additional Provisions~ . 10.01. Titles of Sections. Any titles of the several parts of the Agreement are InSerted for convemence of reference only and shall be disregarded m constrUIng or interpretIng any of Its prOVISIons 10.02. Counteru.am. This Agreement is executed m any number of counterparts, each of winch will constitute one and the same instrument 10.03. Modification. If Developers are requested by the Holder of a Mortgage or by a prospectIve Holder of a prospective Mortgage to amend or supplement thiS Agreement m any manner whatsoever, the City WIll, m good f8Jth, consider the request, provided that the request IS consIstent WIth the terms and conditiOns of this Agreement 10.04. Law Governing. TIns Agreement shall be governed by and construed m accordance WIth the laws of the State of MInnesota 10.05. Severabilitv.. In the event any provISion of thiS Agreement IS held mvahd or unenforceable by any court of competent junsdlctlOn, holdmg wIll not mvahdate or render unenforceable any other provIsions . II ,Section 1l~ Termination of Agreement. 11.01. Termination,. Thts Agreement WIll tenmnate at the time all of the Developers' obhgatIons have been fulfilled and when the cost of the Pubhc Improvements have been paId In full and any default of the Developers has been cured, or one (1) year after acceptance of the Pubhc Improvements by the CIty, wlnchever occurs later IN WITNESS WHEREOF, the CIty has caused tlns Agreement to be executed In Its corporate name by Its duly authonzed officers and sealed WIth Its corporate seal, and the Developers have executed tlns Agreement at Stillwater, MInnesota, the day and year first above wntten CITY OF STILL WATER (SEAL) By- Jay L Kunble, Its Mayor and Morh Weldon, Its City Clerk DEVELOPER THEPEMTOMLANDCONWANY By , Its PresIdent CONTRACTOR PROPERTY DEVELOPERSCONW~~Y By , Its PresIdent 12 . . . . . . STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON) On tlus _ day of , 1998, before me, a Notary PublIc Wlthm and for saId County, appeared Jay 1. Kimble and Modi Weldon, to me personally known, who, beIng by me duly sworn, chd say that they are, respecnvely, the Mayor and CIty Clerk of the CIty of StIllwater, and that this InStrument was sIgned and sealed In behalf of the CIty by authonty of Its CIty CouncIl, and they acknowledged the saId InStrument was the free act and deed of the CIty Notary PublIc STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON) On this _ day of , 1998, before me, a Notary Public Wlthm and for SaId County, appeared . to me personally known, who, being duly sworn, chd say that he is the President of The Pemtom Land Company, one of the Developers named In the foregoing instrument and that tlus Instrument was sIgned as the free act and deed of the Developer Notary PublIc STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON) On tlus _ day of , 1998, before me, a Notary PublIc witlun and for saId County, appeared , to me personally known, who, beIng duly sworn, dId say that he IS the PresIdent of Contractor Property Developers Company, one of the De\ielopers named In the foregOIng Instrument and that this Instrument was sIgned as the free act and deed of the Developer Notary PublIc 13 Item Amount . SanItary Sewer and Access Trail $731,042.00 County Road 12 Watermam $239,487.00 Easements $65,000.00 NSP Power to Stabon $15,000.00 Subtotal Sewer & Water Cost $1,050,529.00 10% Contmgency $105,052.90 TOTAL SEWER AND WATER $1,155,581.90 Storm Sewer Construc1J.on $155,039.00 10% Con 1J.ngency $15,503.90 TOTAL STORM SEWER COST $170,542.90 TOTAL UTILITY COST . $1,326,124.80 PROJECT IMPLEMENTATION COSTS Electncal Subs '" Solls Subs PrehmInary Engmeering (1.5%) Final Engineenng (7 6%) Construc1J.on Coordination (5%) General Contractor (3%) CIty DeSIgn RevIew/Oversight (4%) FInancIng $4,00000 $18,000.00 $19,891.87 $100,785.48 $66,306.24 $33,767.04 $53,044.99 $242,000.00 TOTAL PROJECT IMPLEMENTATION COSTS $537,795.63 Markup Percentage 40.55% EXHIBIT "A" (Page 1 of2) . \ .Miscellaneous Additional Sewer and Water Costs: Llft Stab.on Land Acquisib.on Llft Stab.on Biulding $40,000.00 $15,000 00 TOTAL ADDITIONAL COSTS $55,000.00 GRAND TOTAL CONSTRUCTION COST $1,918,920.43 TOTAL SEWER & WATER WITH IMPLEMENTATION COSTS: $1,679,220.00 TOTAL STORM SEWER WITH IMPLEMENTATION COSTS: $239,700.00 . .... . EXHIBIT "A" (Page 2 of2) MEMORANDUM . TO Mayor and CouncIl FR. City Coordinator RE Items for meetmg of 3/31/98 DA. March 27, 1998 The following Items are on the agenda for the meetIng Tuesday mght The meetmg was ongmally called to discuss the final draft of the development agreements related to the LIberty and Legends developments However, I asked Mayor KImble to add the sports complex management seIVlces Issue to the agenda as long as the CouncIl was meetIng anyway I would estrmate that the dIscussion for both items would take about 1 to 1-~ hours at most Snorts Comnlex manaszement services . A comrmttee comprised of CIty offiCIals, CIty staff, representatIves of the hockey and soccer assocIations, general community, Parks and Recreation ComrmsslOn and the CIty of Oak Park Heights, conducted mtervlews on March 18th WIth the three organIzations that responded to the CIty'S Request for Proposal for management servIces The firms that were intervIewed were St CroIx Caterer's, Inside sports, Inc , and Recreation Sports and Play. The committee met again on Thursday, March 19th to dIscuss the results of the interviews and to recommend a firm to the Park and RecreatIon Comrmsslon. The COImmttee selected St. Croix Caterer's and recommended that tlns firm be further mtervlewed by the Park and RecreatIon CommIssion for their consideratIon The Park and Recreation Commission mteIVlewed St. CroIx Caterer's at its meetIng of March 23rd The Park and RecreatIon Commission concurred WIth the commIttee's recommendatIon and IS recommending that the Council enter mto an agreement WIth St CroIx Caterer's to prOVIde management services for the sports complex Therefore, representatIves of St Croix Caterer's will be at the meetmg Tuesday to present their qualificatIons, expenence and management servIces proposal If the Council concurs with the recommendatIon of the other revIew bodIes, staff can be dIrected to prepare management servIces agreement between the CIty and St CroIx Caterer's The agreement could be presented to the CouncIl for further dISCUSSIon and pOSSIble approval at one of the April meetings (the deSIred agreement start date IS May 1 st) I have attached a copy of the proposal submItted by St CrOIX Caterer's, the selectIon process and . the selectIon tImetable for your InformatIon Develooment agreements for the LIbertv ~d Legends develooments The CIty Attorney WIll be provIdmg you WIth a memorandum and copIes of the development agreements for your reVIew and consIderatIon. As you probably know the developers have . actually started constructIon of the utIlItIes Further, gIven the tIght tImetable related to the utIlIty needs of the Rutherford elementary school, it IS ImperatIve that the CIty and developers enter mto appropnate development agreements ASAP That IS the reason I asked Mayor Kimble to call a speCIal meetIng for next Tuesday Staff WIll be prepared to chscuss and explam the agreements more fully WIth you Tuesday Thank you for your patience and understanchng /)l~ . . . . . \ ~ MANAGEMENT SERVICES SELECTION PROCESS AND TIME TABLE March 18, 1998 IntervIew and recommendatIon by commlttee March 23, 1998 IntervIew and recommendatlon by Parks and RecreatIon ComnussIon. Apn17,1998 IntervIew and selection by City Councll Apnl 7, 1998- Apnl 27, 1998 NegOtIatIon of management agreement by City staff Apn127, 1998 ReVIew of management agreement and recommendatIOn by Parks and RecreatIon Commission May 5, 1998 ReVIew and possible approval of management agreement by Clty Council May 6, 1998 Management finn on board ~STIONS ~ ?- ~ Please provIde us WIth a bnef descnpnon of your expenence and quahficatIons m managmg Ice arenas and fieldhouses (or sports facIlitIes) 2 You have had an OppOrtunIty to reVIew the Request for Proposal and the plans for the ne'h sports facIlItIes and the Llly Lake Arena Please explam your overall concept of ho'h the facllItles should be used Your explanation should address A The types of uses (1 e. skatmg. soccer, golf, softball/baseball, walkmg/runrung, etc ) B The seasons dunng winch the facllItles would be used C The tImes of the day and or week the faCIlIties \Vould be used D The market area for the faCIlItIes E .., ,) Several commumtles and organizatIons have contnbuted toward the constructIon of the faCIlItIes WIth the expectatIOn that adequate Ice time and field tIme WIll be avaIlable for users other than orgamzed hockey or soccer teams (such as figure skatmg and general skatmg) In order to accomplIsh thIS goal the CIty WIll be developmg a polIcy (that \VIII be mcorporated mto the management agreement) addressmg dlstnbutlon of hours to ensure that adequate time IS made a\ailable to all users The City WIll also be de....elopmg a polIcy on rates to be charged for use of the faCIlItIes . Ho\V WIll you ensure that the polICIes are carned out? 4 Explam your o....erall concept ofho\\ the facllitles should be operated Your explanatIOn should address A Staffing le....els B Hours of operatIon C Budgetmg, accountmg, marketmg plan. etc D 5 Descnbe the management team }OU \\IlI be usmg Your deSCrIptIon should address A When the manager would be on sIte (days of the week. hours of the day. etc ) B Other responsIbilItIes the manager \\ould ha\e (outside of thIS operatIon) C ExperIence m 0\ erall management D 6 Ho\\ \-\ould ) ou e\ aluate the success ot the operatIOn? 7 \Vhat are your expectatIons regardmg manJgement fees? . 8 Do } ou have any questIOns or comments about the faclllt1es or the management sef\ Ices') J \l , · , . . . ,...... I' PROPOSAL FOR MANAGEMENT SERVICES FOR THE CITY OF STILLWATER SPORTS FACILITY . - .... st. CrOIX Caterers IS a MInnesota corporatIon founded In 1980 wIth offIces located at 301 South 2nd Street, StIllwater, MN. st. CroIx Caterers has a hIstory of busIness and bUIldIng management. Currently we operate the Grand PIzza, the Grand Banquet Center, Cat Ballou's, and the Cub Foods Corporate CafeterIa In addItIon to the LIly Lake Ice Arena st. Croix Caterers also operated and maIntaIned the Clubhouse at Oak Glen for SIX years prIor to Its change in ownershIp. We have a staff of management, bookeeplng, maintenance, accounting and promotIonal personnel already In place. In addition we have establIshed relatIonshIps wIth electrical, refrigeratIon and other repaIr personnel. The new sport facilIty wIll need to be operated as a full tIme year round faCIlIty. It must be supported not only by the StIllwater hockey and soccer assocIatIons, but also a wIde range of users from the surroundIng areas and beyond. The new arena wIll need to be aggressIvely promoted If It IS to meet Its goals. SpecIal attentIon must be gIven to attract users to the facIlIty durlng off peak tImes. (Summer. weekday mornIngs, etc.) The StIllwater Hockey and Soccer AssocIatIons and StIllwater Area HIgh Schools wIll be key users of the facIlIty but other users must be attracted. A SkatIng Club to offer InstructIon In skatIng and figure skatIng. CommunIty Ed Classes such as AerobIcs / GymnastIcs. Adult Soccer and Hockey Leagues. Hockey and Soccer InstructIonal Camps. More Open SkatIng, WalkIng/RunnIng tImes to promote communIty usage. Increased StIllwater Area HIgh School Team usage for foul weather practIce. Golf DrIvIng Range / Lessons. Energy usage and personnel expense wIll be carefully monItored to Insure low operatIng cost whIle maIntaInIng hIgh serVIce levels to the patrons. ConcessIons / VendIng MachInes wIll be avaIlable and promoted to maXImIze sales. Sales of other Items wIll be explored as possIble addItIonal sources of revenue. (golf balls,hockey stIcks tee shlrts,skate sharpenIng etc.) , "i. , ") .. . . . . . . J t ., ~ . - .. \ \ Records will be maintalned uSlng our eXlstlng accountlng software, and be complete enough to provide the Clty w,th an ongo'ng overview of the ,ncome and expenses at each Facllity. secur,ty Crowd control w,ll be as spec,f,ed by the Athlet,c conference and School Dlstrlct at all school events, and ln accordance wlth the cltles wlshes at other tlmes. spec,al attent,on w,ll be taken to prevent vandal,sm and damages to the fac,l,ty, through careful mon,tor,ng of Locker Rooms and ldentlfYlng potentlal problems before they occur. Douglas Brady a Manager with st Cro'X catering for the past three years, would be the full t,me manager at the facility. The current bookkeeping and management staff of st. croix caterers will assist hlm. A number of new personnel w,ll be hired to perform the tasks necessary for the day to day operatlons of the facll1tles. st. Croix caterers is ready to assume Management of both facilities as soon as a sUltable contract can be negotiated. s'nc~ R,chard J. Anderson- - - presldent st. CrolX caterers Inc. Lake Elmo Bank Kitty Roettger 39th Street Lake Elmo, MN 55042 612-777-8365 Central Bank Scott Faust P.O. Box 225 Stlllwater, MN 55082 612-439-3050 Eckberg, Lammers, Brlggs, Wolff & Verllng James Lammers 1835 Northwestern Ave. Stillwater, MN 55082 612-439-2878 Bertram, Vallez, Jim Vallez 4900 North HWY. Minneapolls, MN 612-537-4545 Kaplan & Talbot 169, Ste. # 200 55428 .. . ,"4 ;- \. . . . MEMORANDUM . TO Mayor and CouncIl FR CIty Coordinator RE City Hall plaques DA March 27, 1998 I have attached a draft of a design for the plaque that IS beIng donated by BWBR for the bwldIng remodelIng/expansion project The plaque WIll be sunIlar In style and matenal as the one that was developed for the ongtnal bwldIng constructIon except that I have Included the names of the all of the department heads. The ongtnal plaque only included the Clerk-Admimstrator, CIty Attorney and the City Engineer I felt It was appropnate to lIst all of the names and not Just the three that are on the ongInal plaque. For your further InformatIon, the ongInal plaque and the new plaque WIll be placed together somewhere in the lobby area on the 2nd floor (1 e, by the chambers) Please reVIew the attached desIgn and let me know Tuesday mght If you concur . -?f~ . -+ 03/27/98 11 46 FAX 612 222 8961 BWBR ARCHITECTS ~ 002/002 'i~~. -.- f! D ::.: STILLWATER CITY HALL - EXPANSION AND RENOVATION - 1997 MAYOR JAY KIMBLE cm COUNCIL MEMBERS GENE BEALKA RICHARD CUMMINGS ERIC THOLE TERRY ZOLLER CITY COORDINATOR NILE L. KRIESEL CITY ATtORNEY DAVID 1: MAGNUSON Bun.DING OFFICIAL ALLEN ZEPPER COMMUNITY DEVELOPMENT DlRECTOR STEPHEN RUSSELL JmE CHIEF GEORGE NESS POLlCECHIBF DONALD BEBERG CITY CLE.RK MORL! WELDON CITY ENGINEER KLAYTON ECKLES FlNANC! DIRECTOR DIANE DEBLON PUBLIC WORKS DIRECTOR DAVID C.JUNKER AlCHIT!CT BWBR ARCHITECTS CONSULTING ENGlNEW DUNHUM ENGINEERS ERICKSON, ROED, AND ASSOCIATES CONSTRUCTION MANAGBR G.W. OLSEN CONSTRUCTION COMPANY -+- . .. . -, - -------;-- 1_..... _ I 1'/\ NOTICE OF PUBLIC INFORMATION :MEETING FYI LOWER ST. CROIX NATIONAL SCENIC RIVERWAY MANAGEMENT PLAN AND W A TEIDstlliJJ S l.~ wARDSHIP STATEMENT For the past two years, a Task Force has been preparing suggested changes to the Lower St. Croix Riverway Management Plan and will also be drafting a Watershed Stewardship Statement. The Task Force was formed with members who represent a variety of interests in anticipation that all users of the Riverway would have a voice in the process. The Task Force is nearing the end of its work defining several specific, detailed "Alternatives" to the previous Management Plan. In mid-April, the Task Force will attempt to reach consensus on the Preferred Alternative to be recommended to the three managing agencies, (which are the Minnesota Department of Natural Resources, WisconSIn Departtnent of Natural Resources, and the U. S. Park Service). ecause it was not possible for all interested parties to participate in this lengthy process, it has been suggested that an information meeting be held for the general public to learn what is being proposed for management of the R1verway for the next 20 or so years, before the II final II Preferred Alternative is selected. This meeting will consist of a presentauon of the several Preferred Alternauves followed by a quesuon and answer period. Thursday, April 9, 1998 7:00 p.m. Oak-Land Jr. High School Auditorium 820 Manning Avenue North ThIS meenng IS sponsored by the MIddle 51. CrolX Valley Planmng AdVISOry CommIsSIon John Jansen, Charr Lake 51. CrOIX Beach City Hall P. O. Box 158 Lake 51. CrolX Beach, MN 55043 Phone: 436-7031 . ESTATE PLANNING FOR LAND CONSERVATION Yon Are lDvited to a Free Presentation on . .~' _'r ~~ :;-;-=vo.~~~;~ ~ ~ 7,,,, ~ -. ~_~__ -:.~ -:~_' ~~~.' ~ . ~ ~..:...;~_ ,4:~: ~ : . ~ ::: ;;;'+ . : .~.;'t"~(~!.'~'f'~~."-r,;~ __~Jj"t:t4:"'..~':r'l,j/t1' #~r/~ IL jJI'ff.:.'fF . ': :'''':~':'_:~-=-~ :>=:_~. ~ ~~~..~_ _~ ____~~~::__~..-~--.:-J~~------~~.~=;" .~~~;:r r.Jf;::;~;Al/~~-~' r1WI.;r;JFri/1/7 ~i7Iil"''- I'f rrr;f~~.r;-~ !i~;rr;;:;--'ff?rS~' .~~; ~~~:'~~,-~t~:~., ~~~~.~ .~~~ :-.~;--'~-t---::'-._:~~;,;~~~.~ ~(:'-~~~,~- _ ..:~ ~ A publIc discussion featuring Wisconsin Attorney, William O'Connor. Mr. 0' Connor's practice is focused on land and water conservation matters representing landowners, land trusts, and lake management organizations. Thursday April 2nd 2-4 PM North Branch Senior Center, 6th and Maple (at junction of County Rei. 30 and Hwy 95, south 1 block, left 1 1/2 blocks) 7-9 PM Washington County Government Center, Stillwater (at junction ofHwy 36 and Osgood Rd., north 1 block, right 1 1/2 blocks) Invite your tax advisor, legal counsel, and/or realtor - Participants will receive afree tax plannzng manual! Reserve Your Place - Call Land Stewardship Project - 612-653-0618 Sponsored By ~ :3:~ :l'~ 'fIll' (;rl' 11 l"orridor t';' _--.:..!-.:_~..! ,}_::.}!.;Jj;__:-:;:~.;J~;,!.:..-4':~':!.Jp;r J~.!J...-::.<'J:!:~~~ ~{J.:;.!.x-J";}::.!...;.:J~ -.:J'A~iA:..~?Ei!JjJi!!1'f.~:~ > -_~~~.._ .:-....:.....~" -=-"~_~'-:74___-",,~___"'~:.J~>-4_"~~'I:-~':':~~j"',.....; Ill) rr'C'}' ~""1"'''- "","0" ..". ,~~''''''..''''.''.h,''",,~ "''-'.;;l&I,~~~~."~,,, ,.,' " Il' ~ ~ ..-~"'" ....._--~ -."'----~.-:------.~-......_:..~~:_. . 4_.' ...,..,~~ :':-..-, ..,<<0(..., -.. '~;:.' :.: FIIDdmg fortiwipmjcc:t~ ~&i~~' MLl997. Chaptcr216. Section 15. subdivision 9Das recoDUJlCJ1cled by'the l.cgJs1atave ('nmmiftinn OD MiDDcso1a Resources. fiom the Mim1csota Future Resources Fund. - - ------ -- - .-- . , Stillwater ToWDShip March 26, 1998 . ~hair: Bergeron 7:30 p m Regular Meeting Ae:enda: Adopt Minutes: Approve Minutes March 12, 1998 Treasurer: 1. Report 2 Claims &. Checks Attornev: 1 Oak W1lt Contract 2 NU'canoa Hills Subdivision Update 3 Curtiss Hills Subdivision (tax problem) Update Planner: 1 Curtiss Hills recommendation and subsequent status change Eaalneer: 1. Stone Bridge Trail . bbJic Works: 1 Bergeron - Road Care Options 2. Noxious Weed Seminar Oerk: 1 Update Election Machines 2 Paymenlto . Youth Services . Sports Complex . K Richtmann (Grant) 3. Etc. Committees: 1 Planning Commission Report 2 Park Committee Report PeoDIe - 8:30 PM: 1 Steve Nelson pld Businem 1 Building Inspection New BUldness: 1. Annual Meeting Format (S-M Untiedt) 2 Watershed Managers . Note: Jerry Hicks - absent 3/21/98 Pat BantU METRO MEETINGS . A weekly calendar of meenngs and agenda Items for the Metropolltan Council. Its atlvuory and standmg commlttees. and three regzonal commISsIons Metropolitan AIrports CommISsion. Metropolitan Parks and Open Space CommISsIon. and Metropolitan Sports Faculnes CommISsion Meenng nmes and agendas are occasIonally changed Quesnons about meenngs should be directed to the appropnate organlzanon Meenng Informanon IS also available on the Metro Information Lme at 602-/888 and on our web page at wwwmetrocouncllorg Comments on Council ISSues can be made by electronic mall at data center@metc state mn us or by callmg the Publlc Comment Lme at 602-/500 DATE March 20, 1998 WEEK OF March 23 - March 27, 1998 METROPOLITAN COUNCll.. :: Transportation Committee - Mon , March 23, 4 p m., Chambers. The conumttee wIll consIder' Metro TranSIt employee recogmtIon rettrees, February employees of the month, request for authonty to amend Metro TranSIt's contract to purchase 98 forty-foot GIlhg transIt buses and amend the 1998 capItal budget accordIngly, authonty to amend Metro TranSIt's contract to purchase 65 SIxty-foot New Flyer artIculated tranSIt buses and amend the 1998 capItal budget accordmgly; contract award for pnnttng bus schedules; authonzatton of Foley Park and RIde expanSIOn archItectural and engIneermg contract, UmverSIty ofMmnesota TransIt Works agreement; January 1998 report on non-Metro 'fransIt ndershtp goal; fifth annual Implementatton report; developlhent of a SIX-year Metropohtan CouncIl transIt capItalunprovement; February 1998 ndershtp report, WashIngton legIslattve report; . Metro TranSIt general manager's update, transportatIon planftmg dIrector's update; and other busmess South Washington County Facility Advisory Committee Meeting - Mon., March 23, 4 p.m., Cottage Grove Counctl Chambers Environment Committee - Tues , March 24, 4 pm., Chambers The commIttee wIll conSIder' authonzatIon to enter Into agreements WIth communItIes for the III loan/grant program, approval of MetropolItan CouncIl EnVIronmental SerVIces dIVISIon pohcIes, authonzatton to teStIfy at the Central Ramsey Watershed Management Orgamzatlon heanng, contract extenSIon for polymer to dewater sludge at the Blue Lake and Metro Plants, authonzatton to negottate ana award professIonal SerVIces agreements to complete the programmmg and request for proposal for the desIgn-butld phase of the MWWTP work space Improvement proJect, dISCUSSIon of vendor short-lIst on Blue Lake thIckenmg/dewatermg proJect, capItal Improvement program report, and other bUSIness Environmental Services Illformation Meeting - Tues, March 24, 7 pm., NokomIS Commumty Center, 2401 MInnehaha Parkway, Mpls. ThIS meetIng IS to update area reSIdents on an emergency sewerJ.epaIr proJect In the neIghborhood Executive Committee - Wed, March 25,8 am, Nlcollet Island Inn, 95 Memam St, MInneapohs MetroGIS Policy Board Meeting - Wed, March 25, 7 pm, Room IA The comrmttee wIll conSIder MetroGIS partICIpant satIsfactIOn survey, reVIsed MetroGIS fmancIng proposal for 1999 supplemental revenue evaluatIon, grant applIcatIons, reVIsed budget, electIon ofpoHcy board officers, demonstratIon of MetroGIS data finder; prelImInary coordInatIng commIttee agenda for 4/23/98 meetIng, update on Intenm fmancIng mechamsm optIons, update on MetroGIS actlVlty, NSDI grant applIcatIons, and other bUSIness . Legislative Strategies Committee - Thurs , March 26, 3 pm, Room 1A The commIttee wIll consIder MetropolItan CouncIl mItIattves, and dISCUSSIon of other bIlls . Metropolitan Council - Thurs , March 26, 4 pm., Chambers The Counctl wIll consIder amendment to the 1998 - 2000 Transportatton Improvement Program, Metro MobIlIty demand SerVIce contract amendment, authonzatton for publIc meetIng on IndustrIal Rate System (IRS) study task force report, reallocate $2,962 from closed out Ramsey County grants for Battle Creek TraIl ISTEA match, Ramsey County; amendment of ICMA deferred compensatton plan, DARTS transIt capacIty bwldmg grant; request for authonty to purchase 67 forty- foot GIllIg tranSIt buses and to amend Metro TransIt'S 1998 budget accordmgly; mteragency agreement WIth Mn/DOT for constructton of bus -only shoulders on I-35E; approval of change m mformatton SerVIces salanes, reallocate $300,000 from Dakota County RegIonal Park acquIsItton grants for phase 2 development of MISSISSIppI RIver RegIonal Tratl, Dakota County and So St Paul, publIc hearmg findmgs/recommendatIons to adopt reVISIons to "finance" sectIon of recreatton open space development guIde/polIcy plan, publIc meettng recommendatIonsI1998 lIvable COmm1DlItIes annual dIstrIbutIon plan, authonzatIon to enter mto agreement WIth communItIes for the III loan/grant program, conflIct waIver request, admmIstrattve polIcy code, and other busmess Public Bearing on Technology Selection for Metro Plant Solids Processing Facility Plan -Thurs, March 26, 5 pm, Chambers Committee ofthe Whole - Thurs., March 26,5 p m (or unmedIately follOWIng publIc hearmg), Room lA. The commIttee WIll consIder preparatIon for 1999 budget - reVIew of financIal outlook, dISCUSSIon and dIrectIon; and other busmess The MetropolItan CouncIl IS located at Mears Park Centre, 230 E FIfth St ,St Paul MeetIng tImes and agendas ~ are subJect to change For more mformatton or confrrmatIon ofmeetmgs, call 602-1447, (TTY 291-0904) Call the Metro InformatIon Lme at 602-1888 for commg meetIngs and other CouncIl mformatton or find them on our . web page at www metrocouncIl org C" TENTATIVE MEETINGS THE WEEK OF MARCH 30 - APRIL 3, 1998 Planning Forum - Designating Permanent Agricultural Land - Tues , March 31, 9 am, Room 1A Special Meeting of the Parks and Open Space Commission - Tues , March 31, 4 pm., Chambers Technical Advisory Committee to the Transportation Advisory Board - Wed, Apnll, 9 am, Chambers Transportation Accessibility Advisory Committee - Wed., Apnll, 1 pm, Room lA Committee of the Whole - Thurs , Apnl2, 4 pm, Room 1A Radio Board Meeting - Fn., Apn13, 9 am, Metro CountIes Government Center, 2099 Um~sIty Ave, St Paul . 2 ~ ' '" ., '4~' ~..:~..~:'/ ~ WASHINGTON COUNTY COUNTY BOARD AGENDA MARCH 24, 1998,9:00 A.M. 1 2 900 Roll Call DennIS C Hegberg DIStnCt 1/Chel' Mary H.....' Dlstnct 2 Wdy Abl'8hemson DIStrIct 3 MyrII Petelllon DlStnct 4 Deve Engstram Dlatnct 5 3. 9 00 Public Hearing - H.E.L.M. Department - M. McGlothlm, DIrector Comprehensive Plan Amendment and Rezoning Request by Stanley Pond 4 10:00 Health, Environment and Land Management Department - M McGlothlIn, DIrector ProclamatIon Acknowledgmg NatIonal Public Health Week 5 10 OS General Administration - J Schug, Admmistrator 1998 Salary for Newly Appomted County Attorney 6 10:20 Discussion from the Audience 7. 8 9 10:45 to 11.15 10. 11.30 11 11 45 Consent Calendar VISItors may sJuzn their conams wrth the County /JQQrd of ComnrI.ssIoners on any Item not on the agend4 TM Quur wrll dzrea the CoU1lly Admuustrator to prepare rrsponses to your conams YOII an encouraged not to be rep~tIOUS of prevrous speak4rs and to lunu your address to jivt! 1III1IIItU Commissioner Reports - Comments - Questions 77us penod of tun4 shDll be used by the ComnusslOtU!1'S to report to the fldl /JQQrd on COIIIIIUtlee acnVltles, I1IIlU COf1lllVnIS on lIItlItuS of werUl and urformtlllOlJ. or raISe qtIGtU1IIS to the stoJ/ 11us aazon IS not wended to result 11I substlIntrve board acllon dunng tJus tune Any aaum MCesSDTy bectJMse of dzsCUSSlOll will be scMd1JJedfor ajulure board IMetl1Ig Board Correspondence Recess to Workshop with the Office of Administration - Room 100A 1999 Budget Gwdelines Reconvene Public Hearing - H.E.L.M. Department - M McGlothlin, Director Adjourn 12 1.00 Workshop with the Office of Administration - Room 100A to 2.00 Discuss PublIc InformatIon WIth Area Media ******************************************************* :Reminder: No Board Meeting on March 31, 1998 - stb Tuesday Date March 23 March 24 March 24 March 2S March 26 March 26 March 26 March 31 Apnll Apnll MEETING NOTICES Committee Time LIbrary Board 6 30 P m Personnel Conmuttee 11 4S a.m Plannmg AdvISOry COIDDllSSIon 7 00 P m RegIOnal SolJd Waste Management Coord Board 10 30 a.m CommunIty CorrectIons 7 30 a.m Resource Recovery Project ExecutIve Comrmttee 12 30 p m Metro TAB 1230 pm League of Local Governments 7 00 p m Metro LRT Jomt Powers Board 8 30 a m Plat ConmussIon 9 30 a.m Location Oakdale LIbrary WashIngton County Government Center WashIngton County Government Center 2099 UmversIty Avenue West - St Paul WashIngton County Government Center 1670 Beam Ave, SUIte B - Maplewood 230 E Slh Street - Mears Park Centre WashIngton County Government Center Hennepm County Government Center WashIngton County Government Center AsslstlVtlllstenmg deVices are avalllJble for use m the County Board Room If you need asS/stenee due to disability or IIJnguage blJmer. plnse caI/430-6000 (TOO 439-32201 EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* MARCH 24, 1998 .e followmg Items are presented for Board approval/adoptIon PEPARTMENT/AGENCY ITEM Adm1mstratlOn A. Approval of the March 10, 1998 Board meetrng mInutes. B. Approval of resolutIon settIng nnmmum salanes for the County Sheriff and County Attorney for the next term. Aud.1tor- Treasurer C Approval of on/off sale non-intoxIcatrng malt lIquor lIcense for Veterans Rest Camp, for the penod Apnll, 1998 to March 31, 1999. o Approval of on sale and Sunday mtoxIcatmg lIquor lIcense for Outrng Lodge at Pme Pomt, Inc. for the penod April 1 , 1998 to March 31, 1999 E Approval of on/off sale and Sunday mtmocatrng lIquor lIcense and off sale non-mtoxicatmg malt liquor lIcense for MeIster's Bar & Grill for the penod Apn11, 1998 to March 31, 1999. f ~~OZ. OdJL.- tuLf Pol Approval to advertise for extenor ~~an~repair of wood surfaces at the HIstonc Courthouse. PublIc Works F. G. Approval of contract renewal WIth Donnelly Electnc Company for electncal maintenance services for County facilIties. . Shenff H. Approval of resolutIon recognizing the PublIc Safety DIspatchers m Washington County m honor of NatIonal Public Safety TelecommunicatIons Week. I Approval of resolutIon authorizing the execution of the annual boat and water safety enforcement agreement. *Consent Calendar Items are generally defined as Items of routIne busmess, not requmng dtscussIon, and approved m one vote CommISSIOners ~y elect to pull a Consent Calendar Item(s) for dIScussIon and/or separate actton . MAR-20-1998 13 35 CITY OF OPH P.02/03 CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, MARCH 24, 19'8 5:00 P.M. AGENDA 5.00 Meeting WIth Oakgreen A venuclBaytOWD Township residents 5.45 Staff Updates 7'00 I 7 O~ II. 7 IS III 7.20 IV. 730 V 8 00 VII 7:00 P.M. AGENDA CJUl To Order/Approval of Ai~nda o~ntICnlmClI Liaison ~ports A Pads B Cable C Water Management OrganlZatlons D. Rcc)'cllDl Award (1) E. Oak PIIl'll: Helabrs BUSiness ASSOCIatIon F Bridge Reports G T~i1 I5$UCS yjsitors This 1. aD opportuD11Y for me pubUc to address the Councll with questions or concerns on Issues not part of !be ale1lda (please 1I1111t comments to 3 DlUIutes III length) Consent Aienda (Roll Call Vote) A. Approve BiUs .t Invcstmenrs B. Approve CIIy CoW\cll Workshop Mmutes - MIrcb 10, 1998 (2) C. Approve City Council Minutes. March 10, 1998 (3) o llesoluboo 98-03-25 - A ReJolulioD Designating the City'S Mlleqe Reimbursement Pollcy (4) E Resoiution 91-03-26 . A Rcsoluuon AlloWIDg for City Hall Office Modifications to be taken from dI, Capi1al R.evolvlng Fund (5) F Authonze staff to p\IJ'Cbasc equlpmeot for tront office area and copy/computer room (6) G Street SWeepIng commum=on ('1) H. Community development area modifICations bids to be opened on AprJ1 10, 1998 (I) I ResolutIon 98-03.27 - A Resolution AutbonzinC tile City Attomey to Obtaul Appraisals 1:\ Anticipation of Land AcqUl$ltlon for 58th Street (9) J Tentative April 7, 1998 workscssion agenda (10) K Appointment of Gad Buseb as Cable Commission Cit1ZCll RepresentatIVe Public Hearin,s A. 419 Special Assessment Pubhc Hearing for the 58th StrcctlNeal A ven\l8 Intersection ReconstrUction (11) B Rezol1ing request and development plat request for Stillwater Ford (12) New Bu\;mess A Publlc: Informational Meeting regudini Kern Cemer sewer, water, and road improvements (13) B Resollltlon 98~03.29 - A lUsolution Authorizmg the Exec!Jt1oP or a Joint Powers Consomum Agreement to rec:em= federal HOME fUnds (14) . . . . . . MAR-212l-199S 13.35 C lTY OF OPH P 1213/1213 8'4~ VI. C. Authorize staff to hire a computer COI1Il1ltaDt (15) D Resolution 98-03-28 _ A Resolution Aothonziag d1e Installation of stop sip. at OsllWl A"enue North at 57th SIRe! and Osman Avenue North at Upper 56th Street in the City of Oak ParK Heights (16) Old Bu.c;il\ess A Update Report on Correcdonal FW;lUty hydrant use request (17) B Update 011 Perro Creek StormWatCf Rec;~on Projec:t Fundinl (18) C. Presentation of base and land use maps of Oak Park Heights D.llequest to maintain OXboro Avenue North in East Oaks development (19) E. Planning CommISSum Update (10) 9 00 Ad,}numment: TOTAL P.1ZI3 ~ , -~. . . March 26, 1998 STILLWATER TOWN BOARD MEETIN~ Town Hall 7: 30 P. M. PRESENT: Chairperson Louise Bergeron, S~pervisors David Franc1s David Johnson and Sheila-Marie Untiedt. Also, Engineer Paul Pearson and Attorney Tom Scott. 1. AGENDA - M/S/P Francis/Untiedt moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Francis moved to approve the 3/12/98 Stillwater Town Board Meeting minutes as written. (4 ayes) 3 . TREASURER - 1. Monthly report given. 2. Checks #13111 thru #13121 and claims #2017 thru #2032 were approved for payment. 4 . ATTORNEY - 1. Oak Wilt Discussion - Forester Steve Cook present. A plan was discussed to make use of a state grant for oak wilt control and Mr. Cook's services. Mr. Cook offered to come up with some additional plans that he feels may be more effective and return to another meeting. 2. Nicanna Hills Subdivision - The mylars have been released to Scott R~berts for his subdiv1sion. The chair and clerk signed variances for recording. 3. Curtiss Hills - The attorney explained that four parcels of land in the subdivision were recorded in the name of Stillwater Township. The recorders office did not communicate this fact to the auditor's off1ce and Mr. Vi zenor has been paY1ng taxes on the property. He asked for a refund from the townsh1p. The matter 1S between Mr. Vizenor and the county. 4. Park Committee Bv-Laws - A quorum for the park committee 1S 4 members according to the by-laws. 5. PlANNING- 1. Gary Vizenor has written a letter to the town board withdrawing his recent applicat10n to develop two build1ng sites on outlots in Curtiss Hills Subdivision. 4It. PEACE OFFICER - Reported the status of two zoning violations 1n the township. Otherwise, things are quiet. ~ , Stlllwater Town Board Meeting - 3/26/98 Page Two , 7. ENGINEER- 1. StonebrldQe Trail - Updated the supervisors regardlng cost estlmates for reconstruction and right-of-way purchases for this road. A trlal run of the 4/14 presentation will be prevlewed at the 4/9 town board meeting. 2. Arcola Trail - A hand auger will be used on the gravel portion of Arcola Trall to flnd out what's beneath the surface. A recommendation will come to the board as soon as the lnvestlgative work lS finished. . 8. ROAD CARE OPTIONS - 1. Louise Bergeron presented some cost comparisons. A meeting is set for May 4 to further discuss optlons lf the entire board lS able to be present. 2. Louise Bergeron stated her records show that asphalt roads cost tWlce as much as gravel roads to maintain. 3. Louise Bergeron will attend the weed meeting. 9. PLANNING COMMISSION REPORT - 1. Planner Mike Galr talked to the plannlng commlssion about clustering. 2. The planning commission will tour a cluster development in Lake Elmo. 3. It was mentioned that the planning commission members would like town board members not to make their positions ObV10US at hearings. . 10. PARK COMMITTEE REPORT - 1. Next town board meeting talk to attorney and treasurer about the 10glStlCS of a park committee member's desire to donate her meeting fees back to the park fund. 2. M/S/P Johnson/Francis moved a burn of the pralrie grass area of the park at Arcola Heights Subdivlsion by Applled Ecology for $300.00. After the burn an evaluation of future care needs will be made. (4 ayes) 11. BUILDING INSPECTION - M/S/P Francis/Johnson moved that Chris Kearney be hlred as the townshlp building inspector. (4 ayes) The offer of thlS Job to be effective May 1, 1998. M/S/P Johnson/Francis moved the fee structure for Stillwater Township be 85% of the 1994 State Uniform Fee Code. (4 ayes) M/S/P Johnson/Francis moved compensation at 85% of the townshlp permit structure. Plan review wlll be compensated at 100% of (4 ayes) 4It We need to know what plan reVlew fees are based on. A letter of commitment , , Stillwater Town Board Meeting - 3/26/98 Page Three ~om Mr. Kearney must be received before the township asks to be released from its contract with the county. 12. ANNUAL AND REGULAR MEETING FORMAT - Meetings are going on too long. Suggested: timed agendas and making motions before discussing items. 13. CARNELIAN/MARINE WATERSHED - St,11water Township supervisors support Steven Ramsey and John Bower for new terms. 14. ADJOURNMENT - Meeting adJourned at 10:35 p.m. Clerk Chairperson Approved . . 03/30/98 MO~ 18.24 F~l III 002 . tinittd ~tatts ~mQtt WASHINGTON, DC 20610 March 30, ~998 The Honorable Pete V. Domen1C1 Chairman Subcomm1ttee on Energy and Water Comm~ttee on Appropriat~ons SO-127 Washington, D.C 20510 Dear Cha~rrnan Domenic1: We are wr1ting 1n support of Mayor Jay Kimble's request for $2.4 ~111on to complete Stage II of the Stillwater, Minnesota flood contro~ proJect. We thank you for your support for this project ~n previous years, and urge you to cont1nue th1s vltal projecc by the appropriations of these funds 1n the FY1999 Energy and Water Appropriations Bill. . The work on Stage I l.nvolved the repair and reconstructlon of t.he eX1st1ng levee system. This phase of the project has been essent1ally completed. The S~age II work scheduled to begin in the fall of last year was delayed due to the floods of 1997, and ~he lack cf soil stab~llty. These problems have resulted In the loss of at least a f~ll year of construction work. With each delay, the Clty remains at r1sk from the floods that have been occurr1ng at che rate of tw~ce each decade. The waters did not recede fro~ the 1997 floo~ng of the St. Croix R1ver ur.til the last days of July. The temporary levees constructed to protect the city could not be removed until August, and were retained as part of the surcharge needed for soil stab~11zat~on. The flood waters caused some damage to the concrete e~ankments, and the emergency roadway that parallels the r~ver. These repalrs cannot be made unt1l the dec~s~on on the ava11ab1:ity of FY1999 fund~ng ~s known. A surcharge must be placed along the r1ver bank where the levee exte~s~on w111 be constructed, and remain in place S1X eo seven ~o~ths to compress the s01l. This pro~ess w1ll assure a solid base for the extended levee system The work w1l1 requlre nearly half of the FYl998 $1 m:lllon appropr1ation for the project, and the remain1ng f~nds are ded1cated to the feas1b1l1ty study of . 03/30 98 MON 1S Z~ FAX Page 2 March 30, 1998 Stage III, as set forth ~n the Water Resources Development Act of 199G. This work will allow the Stage II extens10n of the levee wal~ system to beg~n ir. the spr~ng of 1999, provided funds are made available in the FY1999 Energy and Water Appropriations E~ll We respectfully request your help and ass~stance in obta~n~ng the $2.4 m111ion needed for the Stage II extension of the levee system. It ~s cr1t1cal to the protect1on of h1stor~c downtown St1llwater, the safety of ~ts c~t1zens, and the protect~on of the1r property. Thank you for your con8iderat~on of this request and for your cont~nued support for th~s proJect. Sl.ncerely, ~ ~,.- L::'a! u.s. Senate - r~""w~ Paul Wells tone U.S. Senate ~003 . . . . . . 01/30,98 MON 18.24 FAX 1lJ004 'Bnittd ~tatts ~matt WASHINGTON. DC 20510 March 30, ~998 The Honorable Harry Re~d Rank~ng Subcomm1ttee on Energy and Water Comm~ttee on Appropr1at1ons SD-l56 Wash~ngton, D.C. 20510 Dear Senator Re1d. We are writing in support of Mayor Jay K1mble'S request for $2.4 million to complete Stage II of the Stillwater, Minnesota flood control project We thank you for your support for this proJect in previous years, and urge you to cont1nue this v1tal project by the appropriations of these funds 1n the FY1999 Energy and Water Appropr~at~ons Bill. The work on Stage I involved the repa1r and reconstruct1on of the existing levee system. Th1S phase of the project has been essent~ally completed. The Stage II work scheduled to begin ~n the fall of last year was delayed due to the floods of 1997, an~ the lack of s011 stability. These problems have resulted in the loss of at least a full year of construct~on work. with each delay, the city remains at r1sk from the floods that have been occurring at the rate of twice each decade. The waters d1d not recede from the 1997 flooding of the St. Cro1x R1ver unt~l the last days of July. The temporary levees constructed to protect the C1ty co~ld not be removed until August, and were retained as part of the surcharge needed for soil stabilization. The flood waters caused some damage to the concrete embankments, and the emergency roadway that parallels the river These repairs cannot be made until the dec~sion on the ava1lab1l1ty of FY1999 fund1ng ~s known. A surcharge must be plaoed along the r1ver bank where the levee exten~'on ~tll be constructed, a~d rema~n in place six to seven months to compress the soil Th~s process w~ll assure a sol~d base for the extended levee system. The work will requ~re nearly half of the FY1998 $1 mil110r. appropr1at~on for the project, and the rema1nlng funds are dedlcated to tbe feas~bility study of 03'30/98 ION 18.25 FAX Page :2 March 30, 1998 Stage III, as set forth 10 the Water Resources Development Act of 1996. This work wlll allow the Stage II extens~on of the levee wall system to beg~n ~n the sprlog of 1999, provided funds are made ava1lable ~n the FY1999 Energy and Water Appropriations Bl.ll. We respectfully request your help and assistance in obtal.ning the $2.4 milll.on needed for the Stage II extension of the levee system. It is crit~cal to the procect~on of hlstoric downtown Stillwater, the safety of its Cl.t1zens, and the protection of thelr property. Thank you for your cons~deration of th~s request and for your contlnued support for this proJect. Sincerely, {)fM.,.,L wJ1~ ~~Ul Wellstone u.s. Senate p/ A~ ,. ~~ Rod Grams U.S. Senate III 005 . . .